Acme Lumber & Supply Co.

In the Matter of ACME LUMBER & SUPPLY Co., EMPLOYER and CH<ATTA° NoOtA, • TENNL 'SEE AND Moil Itr Dt$TRICT COUNCIL OF' `Wo i vOR ERS, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL, PETITIONER Case No. 10-RC-181.-Decided August 31,1948 DECISION AND DIRECTION OF ELECTION Upon an amended petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization named below claims to represent em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a unit composed of all production and main- tenance employees in the Employer's lumber and building supply business, excluding guards, office and clerical employees, salesmen, professional employees, and supervisors as defined by the Act. The Employer takes the position that the unit should consist only of pro- duction employees such as carpenters and helpers, operators of the resaw and trimmer, a millwright and machine attendants. It would exclude lumber stackers and truck drivers sought by the Petitioner. The Employer's plant is a small integrated operation. The entire staff consists of only 35 persons including the president and other *Chairman Herzog and Members Houston and Reynolds. 79 N. L. Br B., No. 57. 429 430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company officials. The production and maintenance department totals 29 employees, whose work is closely interrelated. In view of the above, and the fact that no other union seeks to repre- sent the maintenance employees, we believe an over-all unit of pro- duction and maintenance employees will best preserve the rights of the employees involved to bargain collectively.' We find, therefore, that all production and maintenance employees 2 in the Employer's plant, including stackers and truck drivers, but excluding guards, office and clerical employees, and supervisors 3 as defined by the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to, ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, among the em- ployees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vaca- tion or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date' of the election, and also excluding em- ployees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by Chattanooga, Tennessee and Vicinity District Council of Woodworkers, United Brotherhood of Carpenters and Joiners of America, AFL. 'Matter of Scripto Manufacturing Company, 65 N. L. R. B . 222; Matter of Fairchild Advertising, Inc., 72 N. L. R B. 1082. 2 Including Charles Bramlett , John Brumbelow, and T. W. Smith . Although they have reached the retirement age, they are still full -time employees who have a clear community of interest with employees in the unit involved. 8 Included as supervisors are John Reynolds and Amos McKinney who can effectively recommend the hiring and discharge of employees.